Author: Keri Bennett

Silence as acceptance when company sold

By Keri Bennett Canadian employees may believe that a change in ownership of a company results in a change in the terms of employment and requirement for a new employment contract. Not so. In Whittemore v. Open Text Corporation, the Ontario Superior Court made it clear that the original terms of employment remained valid after […]

How to write a strong termination letter

by Bradley T. Cave Writing a termination letter can be a daunting task, knowing that much can rise or fall on what the letter says. A few straightforward strategies can help you prepare a termination letter that manages the risks that accompany all termination decisions. What to leave in, what to leave out Obviously, a […]

Employers: Be prepared for an EEOC lawsuit

by Kevin J. Skelly Employers sued by the Equal Employment Opportunity Commission (EEOC) often face more challenging demands for discovery and settlement agreements than companies facing lawsuits filed by individual employees. Let’s look at what you can expect if the EEOC comes knocking at your door. How an EEOC investigation works Employers are often all […]

Rules need not apply

by Dan Oswald Last month, Ryan Braun, the Milwaukee Brewers star who was the 2011 National League MVP, was hit with a 65-game suspension that ended his season for his use of banned substances provided by a Miami clinic accused of distributing banned performance-enhancing drugs to Major League Baseball players. This was after he had […]

NFL player’s racist comment sparks debate

by John Phillips Here we go again. First, cooking queen Paula Deen. Now, NFL player Riley Cooper. The two situations are different, but both involve use of the N-word. For Deen, the question was whether, at some point in the past, her use of the N-word and her consideration of having black employees dress up […]

Employees’ smartphones as potential sources of evidence

By Antoine Aylwin and Edith Charbonneau Your employee quits his job and returns his smartphone. It contains information that shows he was scheming against you. What can you do with this? Could you use the e-mails found in the smartphone as evidence? This question was recently ruled upon by the Quebec Superior Court in Les […]

Handle with care: Even nonunion strikers can present risk

Low-wage workers in cities across the country carried signs and voiced demands for higher pay last week, but those strikes and similar work stoppages last May differ from traditional walkouts. Unlike in most strikes, the picketers aren’t part of a union although they are getting encouragement from organized labor, especially from the Service Employees International […]

Senate vote puts NLRB at full strength

The U.S. Senate’s July 30 vote to confirm nominees for all five seats of the National Labor Relations Board (NLRB) means the Board will have a full slate of confirmed members for the first time in more than a decade. Republicans Harry I. Johnson III and Philip A. Miscimarra and Democrats Kent Hirozawa and Nancy […]

Employers must comply with new HIPAA privacy and security regulations

by Gene Magee As if learning the ropes under the Affordable Care Act (ACA) isn’t enough, employers offering health benefits to employees also need to gear up to comply with new Health Insurance Portability and Accountability Act (HIPAA) regulations that go into effect later this year. This article provides an overview of where the new […]

Keeping the “I” out of “team”

by Dan Oswald I have the always desirable but elusive teamwork on my mind as I write this. The dictionary defines it this way: “cooperative or coordinated effort on the part of a group of persons acting together as a team or in the interests of a common cause.” There’s a lot in that definition. […]